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Rule 176.3. Limitations

TEXT

176.3 Limitations.

(a) Range.

(1) Trial subpoenas. A person may not be required by subpoena to appear or produce documents or other things at a trial or hearing in a county that is more than 150 miles from where the person resides or is served.

(2) Discovery subpoenas. A person may not be required by subpoena to appear or produce documents or other things in discovery at a location more than 150 miles from where the person resides or is served. However, a person whose appearance or production at a deposition may be compelled by notice alone under Rules 199.3 or 200.2 may be required to appear and produce documents or other things at any location permitted under Rules 199.2(b)(2).

(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner, or at a time other than as provided by the rules governing discovery.

Aug. 4, 1998, eff. Jan. 1, 1999.

Notes and comments: Comments to 1999 change: This rule combines the former rules governing subpoenas for trial and discovery. When a subpoena is used for discovery, the protections from undue burden and expense apply, just as with any discovery.

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